Thursday, December 30, 2010

Greenstone Homes vs. the Department of Ecology

Greenstone Homes – the company behind the revitalization of Kendall Yards in downtown Spokane – has
long projected an environmentally-friendly image. Kendall Yards’ master
plan, for example, calls for it to be the first neighborhood in the city to earn LEED neighborhood development certification.

So why is the company being fined for chopping down trees?

The Washington State Department of Ecology says it has fined
Greenstone $15,000 for cutting down a “large number of mature cottonwood trees
on the shorelands of Liberty Lake in violation of the Spokane County Shoreline
Master Program.”

The Department of Ecology says the trees were within 50 feet of the
shoreline, a violation of regulations.

“It takes away habitat and bird nesting area and it takes away shade,” Ecology spokeswoman Jani
Gilbert says in an email. “That destroys the character of the natural shoreline.

“[That is an] absolute fabrication,” Frank says. “We never sought, we never
requested, we never talked to them.”

A controlling interest in the property in question – MacKenzie Beach, in
Liberty Lake – was purchased by Greenstone precisely to ward off high-density urban development that could harm the environment and
frustrate neighbors, Frank says. The neighborhood specifically asked Greenstone
to purchase it.

But in 2007, while tearing down several crude cabins in the area, they marked
several “dead or diseased” trees for removal, Frank says. The DOE agreed the
demolition permit was valid, Frank says, but asked him not to tear down the
trees. For three years, Frank says, they worked on the rest of the project,
reducing the density, the number of lots, and donating land and public access
points to the county.

And then Greenstone tore down “six or seven” of the cottonwood trees, Frank says. They
were never denied permission from the Department of Ecology, he says.

That’s because, Frank says, they don’t need it. He cites several exemptions
for cutting down trees in the shoreline rules: Preparation for a single family
home, activities that cost less than $5,000 dollars, and tree removal that
specifically follows forestry policies – no clear cutting – can all be exempt
from a shoreline permit, Frank says.

“If you go out there today, you’ll see a very substantial grove of trees,”
Frank says. “We did not cut down or eliminate all the trees.”

Here may be the point of contention: Frank says the trees removed were
between 50 and 100 feet away from the shore, where DOE says they were
within 50 feet or closer to the shore.

Frank plans to appeal.

“It’s bullying,” Frank says. “It’s bullying on the part of DOE. DOE wants a
more stringent shoreline regulation than exists under state law. And so they
bully people. They don’t follow the law… I can give you dozens of examples of
people who have cut down trees. DOE has done nothing about any of them… They
don’t have a consistent or uniform enforcement program. DOE has been essentially
absent at Liberty Lake for the last generation. It’s ridiculous.”

Usually the Department of Ecology sends out a notice of correction first
before leveling a fine. But Gilbert says that since Greenstone was
warned not to remove the trees in 2007, a fine was issued immediately. According to the
DOE, Greenstone must also cease all “clearing, grading and excavating within 200
feet of the ordinary high water mark of Liberty Lake until the current violation
is resolved with Ecology.” Non-compliance costs $1,000 a day.